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1 THE JUDICIAL SYSTEM IN KOSOVO Dr. Sc. Hashim Çollaku Myrvete Çollaku According to scientist of democracy Thomas Carothers, The advancers of rule of law consider to take rule of law as an institutional duty, putting the main stress in judiciary. Abstract Reform of the judicial system in Kosovo is characterized by certain characteristics that also directly influence the functionalization and efficiency of the work. As main characteristics are respect and application of the procedural principles like: the principle of the fear trial and reasonable time, the principle of impartiality, the principle of the qualities of the parties, the principle of publicity, the principle of independence, the principle of economy etc., during the work of institutions of the justice courts, prosecutors office etc. It is a legal obligation that these principles to be respected during the work of the judicial authorities because they have direct impact in raising of the trust of public. These above principles are observed by the courts, prosecutors office and other institutions during all procedural phases. Key words: judicial organs, courts, prosecutor office, procedural principles, efficacy. Slovakia Academic Publishing, SK Page1

2 Preface Judicial system of Kosovo, as one of the most important links of the functional state is undergoing through an important phase of its transition therefore, in order to have the rule of law applied, it is necessary establishing the preconditions for setting up of professional judicial system, independent, impartial, without being indicated by the interference with a purpose the promoting the trust of public. The reform of the judicial system with its purpose to create a more transparent and more acceptable legal system for the native population. The law performers, judges and prosecutors, and other agencies should pay attention to the implementation of the positive legal provisions in criminal issues, civil issues, administrative issues etc. The principles that follows the work of courts and judges as it is the principle of impartiality, independence, fer trial, prompt judgment, equality of the parties, integrity of carriers of responsibilities in the judiciary system, also the same principles follows the work of the prosecutors, making their work more transparence. In the beginning, the system of functioning of the Courts was in conformity with the Law for Organization of the Courts with organization structure as it was before the war (before 1999) 1, The Supreme Court of Kosovo, District Courts (in Pristina, Mitrovica, Prizren, Peja and Gjilan), Municipal Courts (24 Municipal Courts), and Minor offence Courts (25 Minor offence Courts). In the meantime, Law on Courts of Kosovo has been rendered, law on Judicial Council of Kosovo as well as other legal structures, which foresee a new organizational structure of the courts, Supreme Court of Kosovo with a residency in Pristina, Appeal Court of Kosovo with a residency in Pristina as well 7 (seven) basic courts (Pristina, Prizren, Peje, Gjakovo, Mitrovica, Gjilan and Ferizaj). According to the law on States Prosecutor and Prosecutorial Council its foreseen the structure of prosecutors office as follow: The state Prosecutor with a residency in 1 Law on Regular Courts, Official gazette of SAPK No 21/1978 of April 28 th 1978, modifications and amendments Official gazette of SAPK No 2/1989, January 27 th According to this law, in Kosovo there is the Supreme Court of Kosovo, 5 (five) district Courts i.e. District Courts in Prishtina, Mitrovica, Prizren, Peja and Gjilan, 25 (twenty five) Municipal Courts and 24 (twenty four) Misdemeanor Courts, as irregular courts. Slovakia Academic Publishing, SK Page2

3 Pristina, Appeal Prosecutor office of Kosovo with a residency in Pristina as well 7 (seven) basic prosecutor office (Pristina, Prizren, Peje, Gjakovo, Mitrovica, Gjilan and Ferizaj).which has been established since Functioning of the judicial system in the post-war Kosovo The end of war in Kosovo represents a new chapter in respect to functioning and organizing of the institutional life. With establishing the Regulation 01/1999, other regulations have been rendered such as 05/1999 and 06/1999, by which an ad hoc procedure for nomination of judges and prosecutors has been set. Considering the duration of these regulations, in connection to the history of judges, as independent and impartial institutions with authority and responsibility for implementation of the law and setting of justice, it grants judges indisputable authority in implementing of the applicable law. The rule of law, defense and promotion of human rights 2, stretches to various fields of policies, including in its political issues, constitutional issues, legal issues, as well as issues connected to human rights. Each democratic society aiming encouragement and promotion of human rights should recognize supremacy of law, as the fundamental principle. In level of Kosovo commenced with ad hoc district courts in Prishtina which has been commence working since 12 July 1999 and ad hoc court in Prizren 3 with has been commence working on 17 July 1999, which operated alongside respective prosecution offices. It has been continuously worked on commencement and completion of the courts, for purpose of a better functioning and covering all territory of Kosovo. Expansion and functioning of the courts in Kosovo has been characterized by interest of all relevant factors in Kosovo, including international factors with purpose of prevention and fight of criminality. 2 World Conference on Human Rights in Vienna of The ad hoc District Court in Prizren had 7 (seven) judges and 3 (three) prosecutors, covering the territory region of Prizren Slovakia Academic Publishing, SK Page3

4 Related to division of state powers separation it was spoken since ancient Greece and Rome, although the term itself is attributed to French political philosopher of the 18 th century Baron de Montesquieu, who has divided the power in legislative, executive and judicial power 4. In Chapter VII of Constitution of Republic of Kosovo, the justice system 5 is foreseen, as a special chapter of state functioning. The judicial power, according to the Constitution, is foreseen as independent, just, apolitical, impartial by respecting human rights during the work, etc. By this point of view, the legal system of Kosovo is comprised by courts, prosecution offices and defense attorneys. Each of these categories has its own specifics, regulated by special laws. Supreme Court of Kosovo, according to CRK, is foreseen as the highest court authority 6. The organizational structure of courts and the manners of their functioning are foreseen by Law on Courts 7 and Law on Judicial Council of Kosovo Reform of the Court System Organization of Courts, pursuant to Law on regular courts, as it concerns its organizational structure and functioning, which it was applicable till , it is changed starting from the date , it started with a new organisative structure. Considering the difficulties that accompany the legal system, both local and international experts were decisive to grant a greater dedication to this issue. For a better functionalizing of the judicial system and the practical implementation in the course of work. 4 Abdiu, Fehmi, Prosecution between constitutional independence and real dependence, page 41, no 1/2012, Illyrius, Tirana. 5 Article 102 Constitution of Republic of Kosovo(in further: CRK), general principles of court system. 6 Article 103, par. 2, CRK 7 Law on Courts, Law No. 03/ L-199, July 22 nd Law on Judicial Council of Kosovo, law No. 03/ L-223, September 30th, Law on Regular Courts, Official Gazette of SAPK No 21/1978, April 28 th 1978, modifications and amendments Official gazette of SAPK No 2/1989, January 27 th According to this law, in Kosovo there is the Supreme Court of Kosovo, five district Courts District Courts in Prishtina, Mitrovica, Prizren, Peja and Gjilan, 29 Municipal Courts, (Misdemeanor Courts, as irregular courts) Slovakia Academic Publishing, SK Page4

5 The work commenced and preparations were made for promulgation of Law on Courts of Republic of Kosovo 10. It is important to stress that the law commences its implementation with only several articles 11, commencing from Article 29, with purpose of improving of material status of judges, as the present salaries were of a minimum level, not to say degrading. With increase of the salaries, most probably more dignifying conditions for work of judges was created. The judicial system, as one of the most important links of society, completes the functioning of the governance, with dignity and without any influence interfering from the other states power to go further. In order to have the law more efficient and its implementation facilitated, the relevant structures Judicial Council, Ministry of Justice and the the other institutions of the state are interested that the reform of the judicial system to be more successful, more functional with a purpose to make the work more easier Law on Courts, Law No 03/ L-199, July , for articles 29, 37, 38 and 41, has entered force on January 1 st 2011, and as it concerns other articles, they shall enter force as of January 1 st Article 29 Salary and Judicial compensation 1. During their terms of office, judges shall receive the following salaries: 1.1.The President of the Supreme Court shall receive a salary equivalent to that of the Prime Minister of the Republic of Kosovo; 1.2.All other judges of the Supreme Court shall receive a salary equivalent to that of a Minister of the Government; 1.3.The President Judge of the Court of Appeals shall receive a salary equivalent to that of a judge of the Supreme Court; 1.4.All other judges of the Court of Appeals shall receive a salary equivalent to ninety percent (90%) of the compensation of the President Judge of the Court of Appeals; 1.5.The President Judge of a Basic Court shall receive a salary equivalent to the compensation of a judge of the Court of Appeals; 1.6.The Supervising Judge of a Branch of the Basic Court shall receive a salary equivalent to ninety-five percent (95%) of the compensation of the President Judge of a Basic Court; 1.7.Each judge of the Basic Court shall receive a base salary of not less than seventy percent (70%) of the salary of the President Judge of a Basic Court. The Kosovo Judicial Council shall promulgate a schedule for additional compensation that recognizes the unique responsibilities of judges serving in the Serious Crimes, Commercial Matters or Administrative Conflicts Departments; but in no case shall the sum of the base salary and the additional compensation exceed ninety percent (90%) of the salary of the President Judge of a Basic Court. 2. The salary of a judge shall not be reduced during the term of office to which the judge is appointed, except as a disciplinary sanction imposed under the authority of the Kosovo Judicial Council. 3. Judges are entitled to annual leave in twenty (20) days of paid annual leave per year. 12 Article 37 - Responsibilities of the Kosovo Judicial Council during the Planning Phase and Implementation Phase 1. During the Planning Phase, the Kosovo Judicial Council shall promulgate regulations referring to both transitional and operational issues necessitated by this Law. 2. During the Planning Phase, the Kosovo Judicial Council shall also develop a detailed implementation plan including but not limited to the following: Slovakia Academic Publishing, SK Page5

6 It is normal to expect that during the work there shall be difficulties, such as the issue of nomination and transfer of the judges, but the working commissions as well as engagement of the competent authorities from the Judicial Council, shall doubtlessly win this battle. There are great efforts and sweat being invested for an independent judiciary in Kosovo, free from external influence or politics, impartial in the course of rendering decisions in cases. The work of judicial authorities is based on the Constitution of the Republic 13, native laws, such as Criminal Code 14, Criminal Procedure Code 15, Juvenile Code of Justice 16, other international acts and instruments 17, etc. 3. The Transition Phase As it concerns the transition, it will doubtlessly present a special challenge, as appointing of judges to adequate posts shall be followed by difficulties, presenting an obligation for the 2.1. reclassification of case files and case numbering to coincide with the court structure established by this Law; 2.2. transfer of cases to the appropriate court or branch of a court; 2.3. allocation of personnel; 2.4. transfer of physical assets amongst the courts; 2.5. assignment and reassignment of cases to the appropriate departments of the Basic Courts and the judges thereof; 2.6. the transfer of judges to appropriate courts and positions as foreseen by this Law while taking into account and giving due deference to assignments and decisions made during the one-time Appointment Process; and 2.7. All other matters affecting the transition of the courts to the structure established by this Law and for the efficient future functioning of the courts. 3. The Kosovo Judicial Council shall take all necessary steps to organize, plan and fully implement the provisions of this Law and to ensure smooth transition to the new court structure. 13 Constitution of the Republic Kosovo 14 UNMIK Regulation 25/2003, July 6th 2003, in force as of April 6th UNMIK Regulation 226/2003, July 6th 2003 in force as of April 6th Juvenile Code of justice of Kosovo, No 03/L-193, July 8th Provisions for Fair Trial, Universal Declaration of Human Rights (1948), European Convection for Human Right (1950), International Treaty for Civil and Political Rights (1966), American Covenant for human Rights(1969), Basic Principles of OUN for Independent Judiciary (1985), Minimum Standard regulations of OUN for Administration of Juvenile Justice (1985), African Chart for Human and National Rights (1986) Slovakia Academic Publishing, SK Page6

7 responsible authorities in this matter to emerge successful 18. Doubtlessly, in the course of appointment or transfer of judges, the work of judges shall be evaluated righteously, upon the criteria as foreseen by laws. The judiciary has passed a very important phase in the course of its reforming: assignment and reassignment of judges has been carried out, thus one of the quests that has been faced by bearers of this demanding process is being encompassed. The carriers of responsibilities in the judiciary have faced and shall be facing difficulties in the area of respecting the set criteria; nonetheless, they shall be fronting with professional upgrade of judges, from the basic professional to the continuous education. Implementation and rule of law shall remain the priority for the judges in the course of their work. Improving and upgrading of welfare of judges and prosecutors, through improvement of their material status rise of the wages, exercising the duty of a judge or prosecutor without limitation of their mandate (within the foreseen legal framework) as well as enhancing of working conditions, by creating of appropriate working environment etc., influence efficiency and independence of the judiciary. 4. The criteria for appointment of judges The present legislation foreseen criteria for election and appointment of judges. Judges are graduated lawyers that have passed the bar exam and meet the criteria concerning the work experience. In order to be appointed a judge, s/he shall be citizen of Republic of Kosovo, to have the law faculty completed, to meet the general legal conditions and possess moral qualities for being in the function of a judge. 18 Article 38 Transfer and Reassignment of Judges 1. The Kosovo Judicial Council shall transfer and reassign judges to the courts established by this Law taking into account and respecting: 1.1. The appointments, especially the appointments of Court Presidents, made during the Appointment Process as provided by paragraph 1 of Article 150 of the Constitution of the Republic of Kosovo; and 1.2. The integrity, experience, capacity and managerial abilities as assessed during the Appointment Process as provided by paragraph 1 of Article 150 of the Constitution of the Republic of Kosova; Transfer cannot be done against their will. Slovakia Academic Publishing, SK Page7

8 The recommendation for nomination and depose of the President of the Supreme Court of Kosovo is carry out by the Kosovo Judicial Council. Appointment of the President of the Supreme Court 19 and of judges is recommended by Kosovo Judicial Council, while they are appointed and deposed by the President of the State 20. As it concerns appointment and dismissal of judges, there are specific legal procedures in regards to fulfillment of needs of courts for judges. President of Supreme Court is appointed for a term of 7 (seven years) 21, while the initial mandate of a judge is three years, while in the case of reappointment, the mandate is permanent 22. As it concerns appointment of the judges upon competition and meeting of the competition criteria, they undergo respective procedures, upon completion of which, the Judicial Council recommends them for respective positions. For a judge to be appointed, general conditions, as foreseen by Article 26 of Law on Courts are to be met. Namely, the following qualifications are foreseen: 1. Candidates for appointment as a judge under Article 104 of the Constitution of the Republic of Kosovo shall meet the qualifications that are established by the Kosovo Judicial Council through its regulations and procedures, but at minimum candidates must meet these criteria s: 1.1. Be a citizen of Kosovo; 1.2. Be at least twenty five (25) years of age; 1.3. Have a valid university degree in Law recognized by the Laws of Kosovo; 1.4. Have passed the bar exam; 1.5. Have passed the examination for judges in compliance with the Law on Judicial Institution; 1.6. Have high professional reputation and moral integrity; 1.7. Not have been convicted of a criminal offense, defined by applicable Law; 19 Article 103 par 4 CRK. 20 Article 104 par 1 ibid. 21 Article 103 par 4, ibid 22 Article 105, I bid. Slovakia Academic Publishing, SK Page8

9 1.8. Have at least three (3) years of legal working experience; and 1.9.Have successfully passed a process of evaluation as established by the Kosovo Judicial Council. In continuation of Article 26 par 2, there are also other conditions foreseen, depending on position the candidate for judge applies for, as follows: 2. In addition to the minimum qualifications set out in paragraph 1 of this Article, the following qualifications are required: 2.1. To serve as a judge in the Serious Crimes Department of the Basic Court, the candidate shall have at least three (3) years of experience as a judge in the General Department of the Basic Court and at least six (6) years of experience in the legal field including the experience in criminal matters; 2.2. To serve as a judge in the Department of Administrative disputes or Department of Commercial disputes of Basic Court, the candidate shall have at least six (6) years of experience in the legal field including experience in administrative or commercial disputes, respectively; 2.3. To serve as a judge in the Court of Appeals, the candidate shall have at least ten (10) years of experience as a judge; 2.4. To serve as a judge in the Supreme Court, the candidate shall have at least fifteen (15) years of experience as a judge. 3. For purposes of the additional qualifications provided in paragraph 2 of this Article, experience in the legal field shall include experience as a prosecutor, judge, Lawyer, or experience in academic issues. Upon evaluation of the conditions and completion of the procedures foreseen, the Council recommends their nomination to the President of the State. This appointment procedure is foreseen by the Law on Courts, which has several articles already implemented since 2010, but which shall commence its implementation in its entirety as of January 1 st As of the moment of the Law entering the force with all of its articles, the organizational structure shall have the following constitution: Slovakia Academic Publishing, SK Page9

10 Supreme Court of Kosovo 23, The president of Supreme court and 13 judges, Court of Appeal 24, The president of Court of Appeal and 33 judges distributes on Departments. The Basic Courts as the courts of first instance of case adjudication 25 ; they are also organized in respective departments: a Department for Commercial disputes operating in the Basic Court of Pristina for the entire territory of the Republic of Kosovo; a Department for Administrative disputes operating in the Basic Court of Pristina for the entire territory of the Republic of Kosovo; a Department for Serious Crimes operating at the principal seat of each Basic Court; a General Department operating in each Basic Court and in each branch of the Basic Court, Department for Juveniles, operating within the Basic Courts. From the mentioned above, it is evident that by Basic Court in Pristina, there are departments for economical and administrative disputes. Besides these departments, there are other departments burdening the basic Court in Pristina, which the competent authorities should 23 Article 21 of the Law on Courts 24 Article 20 of Law on Courts, Internal Organization of the Court of Appeals. The Court of Appeals shall be organized with the following Departments: General Department, Serious Crimes Department, Commercial Matters Department, Administrative Matters Department, Department for Minors 25 Article 9 of Law on Courts The Basic Courts: 1. The Basic Courts shall be the courts of first instance in the Republic of Kosova. 2. Seven (7) Basic Courts are established as follows: 2.1. The Basic Court of Pristina with its principal seat in Pristina is established for the territory of the Municipalities of Pristina, Fushë Kosova/Kosova Polje, Obiliq/Obilić, Lipjan/Lipljan, Podujevë/Podujevo, Gllogovc/Glogovac and Graçanicë/Gračanica; 2.2. The Basic Court of Gjilan with its principal seat in Gjilan is established for the territory of the Municipalities of Gjilan, Kamenicë/Kamenica, Novobërdë / Novo Brdo, Ranillug/Ranilug, Partesh/Parteš, Viti/Vitina, Kllokot/Klokot and Vërboc/Vrbovac; 2.3. The Basic Court of Prizren with its principal seat in Prizren is established for the territory of the Municipalities of Prizren. Dragash/Dragaš Suharekë/Suva Reka and Mamushë/Mamuša; 2.4. The Basic Court of Gjakova with its principal seat in Gjakova is established for the territory of the Municipalities of Gjakovë/Đakovica, Malishevë/Mališevo and Rahovec/Orahovac; 2.5. The Basic Court of Pejë/Peč with its principal seat in Pejë is established for the territory of the Municipalities of Pej/Peč, Deçan/Dečani, Istog/Istok, Klinë/Klina and Junik; 2.6. The Basic Court of Ferizaj/Uroševac with its principal seat in Ferizaj is established for the territory of the Municipalities of Ferizaj/Uroševac, Kaçanik/Kačanik, Shtime/Štimlje, Shtërpcë/Štrpce and Hani I Elezit/Đeneral Janković and 2.7. The Basic Court of Mitrovica with its principal seat in Mitrovica is established for the territory of the Municipalities of Mitrovica South and Mitrovica North, Leposaviq/Leposavić, Zubin Potok, Zvecan, Skenderaj and Vushtrri/Vučitrn (constituted of the general department, department for juveniles, and department for serious crimes). Slovakia Academic Publishing, SK Page10

11 take into consideration. This structure of organization commenced to be functional since 01 January Criteria s for deposing of judges The President of the Supreme Court, President of the Court of Appeals, Presidents of Basic Courts as well as judges shall always be engaged in application of the positive laws, otherwise they may be subjects to the deposing procedure. In the course of their work, the judges must respect the law, dignity of a party against whom a respective procedure is being conducted, regardless to the phase of the proceeding. The respect for human rights is a priority above priorities, because only in such manners one may discuss on issues such as independence and impartiality of bearers of responsibilities. A judge, in the course of his work, should not act against the law, should respect procedures, commencing from preliminary proceedings, the phase of indictment confirmation, during the court session and other phases, as provided by the law. Concerning eventual violations during the course of the work of a judge, resulting with injuring the rights of parties, an ascertained and purposeful violation are basis for commencement of the dismissal proceedings 26. The dismissal may be effected also in cases when a judge requests his dismissal from the position. In order to cope as effortlessly as possible with the present state, the Reform in accordance to the Law on Regular Courts expected to be applicable as of January 1 st 2013, which requires transfer of judges as well as of the administrative staff into Departments, it is required in a shortest time possible for KJC to promulgate a regulation for internal organization of the Courts as well as Regulation for professional associates and trainees. 26 Article 38 of Law on Judicial Council of Kosovo. Slovakia Academic Publishing, SK Page11

12 6. Internal organization of works at Courts The next challenge, according to our evaluation, is establishment of Department for Serious Crimes in the competences of Basic Courts and Appeal Court Taking into consideration that a number of present judges at District Courts already exercise in realm of this kind of crimes, they are potential candidates for Court of Appeals; in accordance to the conditions as envisaged by the law, the question remains if the actual number of judges will suffice? The Law on Courts has foreseen that serious crimes will be under competence of basic Courts, to be adjudicated in panels of three professional judges, This means that courts should have sufficient number of the judges otherwise there is also possible that the other judges for the other department to be engage on this department. This matter shall be challenging also, when taking into consideration the fact that a considerable number of courts today faces the problem of limited number of judges. Most probably, the competent authorities are considering this matter, as for a proper functioning of the courts, respectively the respective departments, transfer of judges in the departments should be well taken into consideration. The judges, in accordance to their experience, are systemized in departments and this work belongs to respective panel and based on distribution of the judges in respective departments judges will take the respective salary properly. The court System in Republic of Kosovo is constituted as follow: Basic Courts (7 Courts) with its branches, The Kosovo Court of Appeal (1 Court) and the Supreme Court. Appeal court is organized on departments as follow: 1. General department which includes division of civil, criminal and for minor crimes. 2. Department for serious crimes, 3. Department for administrative dispute, 4. Department for Juvenile Basic court in Pristina is organized on five departaments which includes its brunched starting from Pristina, Basic court in Pristina which is different from six other courts includes these departments: Slovakia Academic Publishing, SK Page12

13 1.Departaments for serious crimes, 2. General department which includes division of civil, criminal and for minor crimes. 3. Department for commercial dispute, 4. Department for administrative dispute, 5. Department for Juvenile Basic court in Prizren, Peja, Mitrovica, Gjilan, Ferizaj, Gjakovo are characterized with three departments: 1. Department for serious crimes, 2. General department with its division and. 3. Department for Juvenile. All the court in Kosovo are about 379 judges, and this number change based on needs of the work. Supreme Court of Kosovo with a residency in Pristina, has its president of the Supreme court and judges. Appeal Court of Kosovo with a residency in Pristina, distributed on departments: 1. Departments for serious crimes 2. General department (criminal division, civil division, division for minor) 3. Department for Juvenile 4. Department for commercial dispute 5. Department for administrative dispute There are 7 basic courts as follow: Pristina, Prizren, Gjakova, Peja, Gjilan, Ferizaj and Mitrovica. Basic Courts in Pristina includes these departments: 1. Department for serious crime, 2. General Departments which includes: division of civil, criminal and for minor crimes. 3. Department for commercial dispute 4. Department for administrative dispute 5. Department for Juvenile, while six other basic courts of exercise work in three departments. Slovakia Academic Publishing, SK Page13

14 Conclusion Finally, I consider that the challenge in connection to transfer and appointment of judges in respective departments in accordance to the law on Courts, as well as systematization of the supporting/administrative personnel shall be performed in cooperation and support of KJC, by respecting all legal timeframes as well as the plan for implementation of the new Law on Courts, with purpose of functionality of the new judicial system. By approval of respective Presidents of Courts, the council may transfer a judge to another court for e definite period of time, but which shall not exceed a period longer than six (6) months. This implies that the transfer may be conducted one time only, without a possibility for reiteration. The court sessions scheduled shall be open for public, if the law does not provide otherwise, in cases as foreseen by the legal provisions. The last would mainly involve cases with juvenile perpetrators of criminal offences. The adjudications by the department for Serious Crimes in Basic courts are rendered by the panel of three (3) professional judges, one of them being the presiding judge of the panel. The cases received for work at the General department of the Basic court are judged by a (1) professional judge, unless the law foresees otherwise. The Court of Appeals assesses and adjudicates cases in a panel of three professional judges, unless otherwise foreseen by the law. From the all above said, it may be concluded that by commencement of the work of the new organizational structure, it will reflect with e greater efficiency, that will directly influence to increased trust in the public. The new organizational structure requires increase of the number of judges, a figure that should be proportionate to the number of population and the number of the cases received for work. Slovakia Academic Publishing, SK Page14

15 Literature 1. Law on Regular Courts, Official Gazette of SAPK No 21/1978, April 28 th 1978, modifications and amendments Official gazette of SAPK No 2/1989, January 27 th Law on Courts, Law No. 03/ L-199, July 22 nd Law on Judicial Council of Kosovo, Law No 03/ L-223 September 30 th Law on Prosecutor Council of Kosovo, Law No 03/ L-224 September 30 th Law on States Prosecutor, Law No 03/ L-225 September 30 th 2010 in force starting , 6. International Scientific Magazine, no. 1/2012, Illyrius, Tirana. 7. Constitution of Republic of Kosovo of April 09 th 2008, in force as of June 15th UNMIK Regulation 25/2003, July 6th 2003, in force as of April 6th UNMIK Regulation 226/2003, July 6th 2003 in force as of April 6th Criminal Code of Kosovo, Kod nr. 04/L-082, as of Aprill 20-th 2012, effective from Criminal Procedure code of Kosovo, Kod nr. 04/L-123, as of Decembre 13-th 2012, effective from Juvenile Code of justice of Kosovo, No 03/L-193, July 8th Provisions for Fair Trial, Universal Declaration of Human Rights (1948), 14. European Convention for Human Right (1950), 15. International Treaty for Civil and Political Rights (1966), 16. American Covenant for Human Rights (1969), Basic Principles of OUN for Independent Judiciary (1985), 17. Minimum Standards Rules of OUN for Administration of Juvenile Justice (1985), 18. African Chart for Human and National Rights (1986). 19. Unmik Regulation on functionalization of the Courts and Prosecutors, 20. Unmik Regulation no.5/1999, 4 Sep.1999, for establishing the Ad-hoc Court of last instances and the Ad-hoc office of the public prosecutor as well. Slovakia Academic Publishing, SK Page15